Gauri Shankar Kumar Thakur @ Gauri Shankar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76526 of 2025 Arising Out of PS. Case No.-152 Year-2025 Thana- ANDHRAMATH District- Madhubani ====================================================== Gauri Shankar Kumar Thakur @ Gauri Shankar Kumar S/O Jai Vishun Thakur @ Jai Bishun Thakur R/O Vill.- Hariraha, P.S.- Andhramath, Dist.- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jaishankar Kumar Yadav, Adv For the Opposite Party/s :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Andhramath P.S. Case No. 152 of 2025 corresponding with G.R. No. 530 of 2024, instituted for the offences punishable under Sections 274/275/3(5) BNS and 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 144 liters of Nepali liquor was recovered from two motorcycles and petitioner was arrested on spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.76526 of 2025(2) dt.11-11-2025 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that seized vehicles do not belong to the petitioner. The petitioner is in custody since 30.08.2025 and has got one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Andhramath P.S. Case No. 152 of 2025 corresponding with G.R. No. 530 of 2024.
(Rudra Prakash Mishra, J) krishnakant/- U T